Read v. Stewart
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 85, §§ 1, 2, to recover treble the amount of money alleged in the first count of the declaration to have been lost by George W. Read, within one year, by gaming with the defendant, and in the second count to have been lost by the said Read, by gaming in a house occupied by the defendant, in which money was lost at gaming with his knowledge. Both counts alleged that said Read had not prosecuted an action therefor within three months of the loss.
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Tort on the Gen. Sts. c. 85, §§ 1, 2, to recover treble the amount of money alleged in the first count of the declaration to have been lost by George W. Read, within one year, by gaming with the defendant, and in the second count to have been lost by the said Read, by gaming in a house occupied by the defendant, in which money was lost at gaming with his knowledge. Both counts alleged that said Read had not prosecuted an action therefor within three months of the loss. Writ dated October 5, 1878. The answer contained a general denial, and alleged that the action was not brought by the…
1Opinion of the CourtLord, J.
Under the instructions given by the presiding judge at the trial, it must be assumed that this action is the action of the plaintiff, and not that of her husband; that it was commenced by her in good faith, and upon her own account, and upon her own responsibility, and is in no sense to be regarded as the suit of her husband. This presents the question distinctly and precisely, whether, under the St. of 1871, c. 312, a married woman may bring an action under a penal statute to recover a penalty.
*410It is true, as contended by the defendant, that the statute which gives this remedy to a third…
2Cases cited3 opinions
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
- Bowen v. ConnerMassachusetts Supreme Judicial Court · 1850
- Estabrook v. EarleMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Brady v. DalySupreme Court of the United States · 1899
- Cummings v. Board of EducationSupreme Court of Oklahoma · 1942
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
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